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The Copyright Law Journal  is unique in that it is written entirely by Neil Boorstyn. Mr. Boorstyn is recognized as one of the country’s leading copyright and computer law experts. His vast experience as a copyright lawyer, litigator, consultant, writer, lecturer, and teacher makes him especially qualified to provide the information you need with accuracy and authority.

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In the latest issue of The Copyright Law Journal:

REED ELSEVIER v. MUCHNICK: The Supreme Court determined that the registration requirement of Section 411(a) as a precondition to filing an infringement action is not jurisdictional
MASSACHUSETTS MUSEUM OF CONTEMPORARY ART FOUNDATION v. BUCHEL: The First Circuit concluded that VARA applies to unfinished works of visual art, and whether the artist’s rights of integrity and public display were violated under VARA and the Copyright Act are issues of fact barring summary judgment
HEALTH GRADES v. ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL: The District Court found that plaintiff’s ratings and awards for heathcare services are copyrightable as a ­compilaton
NUMBERS LICENSING v. bVISUAL USA: The District Court held that while the work-made-for-hire doctrine did not apply, the doctrine of implied license did
FOLLOW UP: After granting summary judgment in Apple’s favor, the district court issued a ­permanent injunction that extended to future copyrighted works
 

PRACTICE TIPS

Prompt and complete compliance with all copyright registration requirements is highly recommended; there are no material advantages to not registering and many advantages to doing so
Money damages are recoverable where an artist’s integrity right is violated but not where his or her attribution right is violated
Where the risk of affording protection to facts or numbers is minimal and the extent of copying is extensive, protection may be given, even as to the numbers
Considerable weight should be given to the benefits/taxes factors because when the hiring party withholds these basic attributes of employment, it chooses not to treat the hired party as an employee

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Providing helpful guidance and practice tips since 1984